TERMS AND CONDITIONS FOR THE BURGER KING MOBILE / WEB APPLICATION
These Terms and Conditions shall apply to all orders of BURGER KING products (“Products”) of a customer through this BURGER KING mobile / web application (the “App”). By placing an order for Products through this App, you understand, agree with, and accept:
(i) these Terms and Conditions and any corresponding changes thereto which we may implement from time to time; and
For purposes of these Terms and Conditions, “BURGER KING”, “our” or “we” shall refer to PERF Restaurants, Inc., while “customer” or “you” shall refer to the customer who intends to purchase the Products from this App.
I. Territories Covered
You understand and agree that this App can only service the following areas, depending on the Order Fulfillment Option chosen. If your area is not within the areas below, you may visit the nearest BURGER KING store.
BURGER KING offers delivery services within selected areas. Each BURGER KING delivery branch has a dedicated delivery area which cannot be changed. Thus, any forced request for re-routing of order to another branch is strictly prohibited.
Serviceable coverage includes selected areas in Angeles, Antipolo, Baguio, Batangas, Bulacan, Cagayan de Oro, Cavite, Cebu, Davao, Iloilo, La Union, Laguna, Las Pinas, Makati, Malabon, Mandaluyong, Manila, Marikina, Misamis Oriental, Muntinlupa, Negros Occidental, Nueva Ecija, Pampanga, Paranaque, Pasay, Pasig, Quezon, Quezon City, San Juan, Taguig, Tarlac, Zamboanga, Bataan, Valenzuela, and Caloocan
Take Out Area
BURGER KING offers customer take out services within designated branches only. The customer selects the branch where order will be picked up. You cannot change the pick up store once transaction is confirmed.
II. Account Creation
If you decide to place an order through this App, you will be asked to register by creating an account which requires your personal information such as name, complete delivery address, telephone or mobile number, email address and a password. Creating an account allows you to automatically fill-up necessary delivery details such as delivery address and contact number on your next order. Inputting and confirming a password on the “Guest Information” or “Sign Up” page of the App, along with other confirmations, allows you to make an account. You must keep this password confidential and must not disclose it to anyone. If you believe someone else knows your password, please change your password immediately.
We reserve the right to suspend your registration if you violate any of these Terms and Conditions.
When you choose to create an account by linking it with an external third party service or application, such as Facebook, this feature will not modify nor allow the access of the content of your Facebook account. However, if you use your Facebook account to register your account, the following shall apply:
- Your Facebook account name shall be your Account name in the App;
- The e-mail address of your Facebook account shall be used as the e-mail address for your Account.
If you wish to order via delivery, the App will require your name, telephone or mobile number and complete delivery address on every use of the ordering platform. The information you provide will only be used for purpose of the pertinent delivery and for any subsequent issues on payment. If you are ordering as a guest, do not input or confirm any password on the pertinent pages of the App.
If another person used your account to order Products on your behalf, with or without your knowledge, such order shall be subject to these Terms and Conditions, and you agree that the order shall be considered your own and will be charged to you.
III. Fulfillment of Order
The online order submitted through this ordering platform will be fulfilled via delivery, take out, or dine in only. The delivery order is fulfilled either through riders or other third-party delivery services which we may engage while take out and dine in is fulfilled by you based on the time and date you selected and upon confirmation of your order by the branch. We reserve the right to revise or add order fulfillment options in the future.
IV. Submission of Order
Upon submission of your online order, you are authorizing us to process your online order and preparation of the Products you have specified on your order form. However, we reserve the right to refuse the processing of your order without any notification should we find any incorrect or incomplete details, or any previous spurious transactions with the given personal information.
Also, non-response to SMS and calls from either branch, or delivery rider may result to late or non-delivery of Products, or late preparation of the Products in store and should not be taken against us. Additional verification call or confirmation call may be required to proceed with your order.
V. Regular Order (Delivery)
By submitting your order via delivery through this App, you understand and agree that the processing of your order is subject to the following conditions:
1 . There is no minimum food purchase for a delivery transaction.
2. There is a forty-five (45) minute delivery guarantee for any orders amount to PHP 3,000.00 or below. However, this delivery guarantee does not apply if there are more than 20 orders per transaction of the same product combinations.
You understand and accept, however, that any delay due to heavy traffic, inclement weather, unavoidable technical difficulties in the stores, or similar or conditions or circumstances, are beyond our control and should not at any time be taken against us. Delivery services may also not be available in cases of extreme weather, natural disasters, and unavoidable technical difficulties in the store/s in your area.
3. Orders above PHP 3,001.00 are considered bulk orders. For bulk orders, you will receive a call from our store to verify your identity and your order details. Due to the volume of the Products ordered, we do not guarantee that orders will be delivered within the forty-five (45) minute delivery period and the store will coordinate with you on the delivery serving time.
4. Excessive requests of items such as ketchup, condiments, utensils, and the like are subject to store discretion.
5. Any other special request outside the list of the BURGER KING product menu is strictly prohibited. Additional special request such as medicine, newspaper, cigarettes, grocery items, and the like will not be entertained.
VI. Regular Order (Take Out & Dine In)
By submitting your order via take out through this App, you understand and agree that the processing of your order is subject to the following conditions:
1 . There is no minimum food purchase for a take out / dine in transaction.
2. Orders are prepared as soon as you click the “Place order” button in the Order Confirmation. There will be a twelve (12) minute Product preparation time for single receipt transactions amounting to P3,000.00 and below.
3. Should you forget to click the “Place order” button, you may receive a call from the store to confirm your order. You would also be reminded to click the “Place Order” button to start the preparation process.
You are expected to arrive at the designated store at the time you indicate in the App. You understand and accept that Products ordered should be consumed immediately after the twelve (12) minute preparation time. If you were not able to click the “Place order” button before your arrival to the store, please understand and accept the late preparation of your order. Stores will only prepare the order within twelve (12) minutes after clicking the “Place order” button.
4. For Orders amounting to P3,001.00 and up, you will receive a call from our store to verify your identity and your order details. Due to the volume of the Products ordered, we do not guarantee that orders will be prepared within the twelve (12) minute preparation time.
5. Excessive requests of items such as ketchup, condiments, utensils, and the like are subject to store discretion.
VII. Advance Order
If you wish to order in advance through this App, you may place your order at least two (2) hours before your expected delivery time.
Take Out / Dine In:
You may order in advance through this App by choosing your preferred date and time.
VIII. Order Acceptance and Confirmation
The acceptance of orders for the Products made through the App shall be at the entire discretion of BURGER KING. We reserve the right to decline to accept the order or deliver the Products without giving any reason.
For Delivery, our acceptance of an order occurs when you receive an on-screen message or email message
confirming that your order has been placed (“Delivery Order Confirmation”). The Delivery Order Confirmation is a record of our agreement to deliver the Products you ordered and your obligation to pay the price of the Products in full.
The Order Confirmation for Delivery will contain the following information:
a. Your pertinent order number;
b. The date and time of your order;
c. The address to which your order will be delivered;
d. The BURGER KING branch that has received and will process your order; and
For Take Out / Dine In, our acceptance of an order occurs when you click the “Place order” button after receiving an on- screen message or email message confirming that your order has been placed (“Take Out Order Confirmation”). The Take Out / Dine In Order Confirmation is a record of our agreement to prepare the Products you ordered and your obligation to pay the price of the Products in full and for you to take out / dine in the Products at your designated date and time.
The Take Out / Dine In Order Confirmation will contain the following information:
Take Out / Dine In:
a. Your pertinent order number;
b. Time reminder to take out / dine in;
c. The BURGER KING branch that has received and will process your order; and
IX. Changes of Order
For Delivery, changes in your order or delivery time can be made within five (5) minutes from the time that you receive the Delivery Order Confirmation. Once confirmed, all orders are considered final.
For Take Out / Dine In transactions, changes in your order will only be allowed within five (5) minutes after the “Place Order” button is clicked. After the fifth minute, all orders are considered final and may not be changed anymore.
We reserve the right to refuse any modification in case the order has already been dispatched for delivery prior to receipt of your request.
X. Cancellation of Orders
Orders may be cancelled within five (5) minutes from the time that you receive the Order Confirmation by calling or messaging the BURGER KING branch that received your order. Cancellation immediately after the fifth minute from the time that the Order Confirmation was received will no longer be valid. You understand and agree that cancellation beyond the fifth minute will require you to pay the full amount of the order you placed.
We reserve the right to refuse any cancellation in case the order has already been dispatched for delivery prior to receipt of your request.
Take Out / Dine In orders:
For take out / dine in transactions, changes in your order will only be allowed within five (5) minutes after the “Place Order” button is clicked. After the fifth minute, all orders are considered final and may not be cancelled anymore. We reserve the right to refuse any cancellation in case the order has already been prepared for pick up prior to receipt of your request for cancellation.
If payment is made via credit card and the cancellation of order was successful, it will be your responsibility to contact the issuing bank to cancel or process the refund of the payment made.
XI. Prices and Payment
Unless otherwise stated in writing, the Product prices quoted on this App are inclusive of value-added taxes and any other applicable taxes. The Product prices on this App are subject to change without prior notice.
To check the price/s of the Product you want to order, please click the Checkout button to see the breakdown and total amount due.
You can pay by any of the following methods:
- Cash upon delivery
- Cashless mode of payment on-App (credit card and/or debit card), subject to the condition that on-App credit card payment may not be available all the time
If your order is placed using a credit card, such card should be valid on the date of delivery of your order.
A Senior Citizen (SC), Person with Disability (PWD), or National Athlete and Coach (NAC) discount may be applied on the delivery, take out, or dine in transaction, provided you comply with the Conditions stated below. SC, PWD, or NAC discount cannot be availed in conjunction with other discounts and/or promotions.
We reserve our right to refuse to deliver or prepare any order if for whatever reason we believe that payment will be refused at any stage.
In case of a refund, any refund for payments made in cash would need to be processed by our Customer Services team by calling (02) 8898-7777. Refunds for orders paid online via credit card or upon delivery via credit card must be processed by you through your issuing bank.
XIII. Delivery Conditions
You agree to accept delivery of the Products at the agreed time and place of delivery, subject to the specific delivery conditions below:
- The arrival time in our delivery service guarantee will be based on our rider’s arrival at the gate of your subdivisions, villages, factories, industrial areas, and other gated communities (as the case may be); while the arrival time in buildings, hospitals, condominiums, and hotels will be based on our rider’s arrival at the lobby.
- We shall exert reasonable efforts to meet the guaranteed delivery time, where applicable. You understand and accept, however, that any delay due to traffic, inclement weather or similar or analogous conditions or circumstance, are beyond our control and should not at any time be taken against us.
You understand and agree that product/s are subject to availability at the time of delivery. If the products you ordered are not available, we may offer you a reasonable substitute product or equivalent quality and price or we may advise you through phone call (local Philippines), SMS, or electronic mail for alternative product/s. You understand that should you choose to order other product/s, this may affect the purchase price.
If a Senior Citizen (SC), Person with Disability (PWD), or National Athlete and Coach (NAC) discount was applied on the delivery transaction, the SC, PWD, NAC must be physically present at the time and place of the delivery, and the SC, PWD, or NAC card must be presented to our rider for validation.
XIV. Take Out / Dine In Conditions
You agree to take out / dine in the Products at the agreed time and selected branch, subject to the specific take out / dine in conditions below:
Take Out / Dine In Time
You may choose your preferred Take Out / Dine In date and time before an Order Confirmation is made.
Expected arrival time of customer within store premises to take out / dine in order is within twelve (12) minutes after clicking the ‘Place Order’ button. If customer fails to click the button before arrival to store, there may be a delay in the dispatch since order is not prepared in advanced.
We shall exert reasonable efforts to meet the take out / dine in time upon clicking the Place Order ‘ button, where applicable. You understand and accept, however, that any delay due to order volume, or similar or analogous conditions or circumstance, are beyond our control and should not at any time be taken against us.
You understand and agree that product/s are subject to availability at the time of pick up. If the products you ordered are not available, we may offer you a reasonable substitute product or equivalent quality and price or we may advise you through phone call (local Philippines), SMS, or electronic mail for alternative product/s. You understand that should you choose to order other product/s, this may affect the purchase price.
For credit card transactions payable upon take out / dine in, you will be requested to present a valid ID to our cashier for validation.
If a Senior Citizen (SC), Person with Disability (PWD), or National Athlete and Coach (NAC) discount was applied on the take out / dine in transaction, the SC, PWD, or NAC must be physically present at the time and place of take out / dine in, and the SC, PWD, or NAC card must be presented to the cashier for validation.
XV. Promotions, Coupons, and Rewards (Special Offers)
From time to time, products may be subject to special offers. Any special offer may be subject to these Terms and Conditions, unless otherwise specified by us. In case of inconsistency between the special offer and these Terms and Conditions, the former shall prevail. We reserve the right to change the conditions and/or availability of special offers or withdraw them at our discretion. However, we will honor any order received before the withdrawal or changes on the special offers. All special offers are valid only within the promotional period, are subject to change and are not valid in conjunction with other offers, unless otherwise stated.
For special offers made available through online coupons, these coupons may have separate mechanics and qualifiers which will be explicitly stated in each coupon. For you to successfully avail the coupon, you understand and acknowledge that you will follow the mechanics and qualifiers stated in each coupon, and that your failure to do so may result in your ineligibility or inability to avail the same. In such a case, you agree that we will not be liable for your ineligibility or inability to avail the coupon.
XVI. Limitation and Liability
We shall not be liable for any loss, expense, cost or damage arising directly or indirectly out of or in connection with: (i) your use of this site and/or application; or (ii) the delay beyond the estimated time or date of delivery or pick up; or (iii) availability of product/s at any given time; or (iv) force majeure; or (v) your ineligibility or inability to avail any special offer or coupon if you are unable to follow the relevant terms and conditions, or qualifiers/promo mechanics of such special offer or coupon; or (vi) any circumstances beyond our control, and over which we could not have avoided even with the exercise of reasonable care, or any indirect or unforeseeable loss suffered or incurred by customers or third parties. In any event, our liability for any given transaction shall not exceed the total price charged for the relevant items.
The Products ordered should be consumed immediately after their actual receipt. We will not be liable for any event that may arise as a result/consequence of consuming the Products beyond the specified time.
XVII. Intellectual Property
This site and/or application contains the BURGER KING and their logos, and other trademarks, service marks, product names, designs, titles, words or phrases, graphics and logos used in connection with the site and/or application (Collectively, the “Trademarks”), including, all text, images, photographs, illustrations, data, and/or other related information, and other materials featured, displayed, contained and available in and on the site and/or application (collectively, the “Content”), are owned by or licensed to BURGER KING.
The Trademarks, Content and related proprietary property are protected from copying and imitation under national and international laws and are not to be used, reproduced, adapted (whether in its original form or derivations thereof), or copied, in whole or in part, without the express written permission of BURGER KING. Third parties are not allowed to use the Trademarks and Content in any manner, or for any other purpose, commercial or otherwise, without BURGER KING’s prior express written consent.
XIX. Updating these Terms and Conditions
Whenever necessary, we may, from time to time, update and/or revise these Terms and Conditions. We shall inform you of any update or revision by placing the date of the latest version on top of these Terms and Conditions.
XX. Miscellaneous Provisions
These Terms and Conditions shall be governed by and interpreted in accordance with Philippine law. In case of disputes, the venue for any action shall be the proper courts of Pasig City to the exclusion of all other venues.
Failure of BURGER KING to enforce a particular term or condition does not constitute a waiver of that term or condition by BURGER KING and shall not be construed as a waiver or variation of it or preclude its exercise at any subsequent time.
If any of the terms or conditions is held to be invalid or unenforceable, then such term or condition shall, so far as it is invalid or unenforceable, be given no effect and shall be deemed not to be included in these Terms and Conditions, but without invalidating any of the remaining provisions.
XXI. Contact Us
If you have any questions regarding this Terms and Conditions, please contact us through:
Customer care hotline: (02) 8898-7777
Customer care email address: email@example.com